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(영문) 대구지방법원 2017.02.09 2016노5177
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing each of the larceny of this case.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination:

A. In full view of various circumstances, such as the background leading up to the theft crime of this case, the means and methods of committing the crime, and the circumstances after committing the crime, which can be acknowledged by the records of this case as to the assertion of mental and physical weakness, the Defendant was under the influence of alcohol at the time of committing each

not only can it be determined by a person, but also it was somewhat under the influence of alcohol.

Even if that result, there was a lack or lack of ability to discern things or make decisions.

does not appear.

Therefore, this part of the defendant's assertion is rejected.

B. The Defendant is against the charge of determining the unfair argument of sentencing.

However, the Defendant, who was punished for larceny, has reached six times (two times of suspended sentence and four times of suspended sentence) and each of the larceny crimes of this case, was committed by intrusioning on a house with gas pipe at night, and theft was committed, or was committed in a very high risk of committing the crime.

In addition, in full view of all the sentencing conditions shown in the records and arguments such as the defendant's age, sex, environment, etc., the sentence of the court below is not recognized to be unfair.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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